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![handle is hein.sag/sagks0004 and id is 1 raw text is: January 13, 2005
ATTORNEY GENERAL OPINION NO. 2005-1
The Honorable Joann Lee Freeborn
State Representative, 107th District
Chairman, Special Committee on Environment
State Capitol, Room 281-W
Topeka, Kansas 66612
Re: State Boards, Commission and Authorities--Kansas Water Office and Kansas
Water Authority--Duties of Office; Cedar Bluff Reservoir Artificial Recharge Pool
Operations
Synopsis: Because the Artificial Recharge Pool Operations Agreement does not provide
for any expenditure by the Kansas Water Office in order to fulfill its
responsibilities of monitoring, communicating and requesting release of water
when warranted, the Agreement itself does not violate the proviso in the 2004
omnibus appropriations bill found at L. 2004, ch. 123, § 134(i). Cited herein:
Kan. Const., Art. 2, § 16; L. 2004, ch. 123, § 134(i).
Dear Representative Freeborn:
As representative for the 107th District, you ask whether the Cedar Bluff Reservoir Artificial
Recharge Pool Operations Agreement (the Agreement) violates a proviso in the 2004 omnibus
appropriations bill regarding the Kansas Water Office.
The Agreement states that its purpose is to effectively manage the water stored in Cedar Bluff
Reservoir for artificial recharge under File No. 7,684 for the benefit of all water users in the valley.
Signatories to the Agreement are the Kansas Water Office, the Kansas Department of Agriculture
through the Division of Water Resources, the City of Hays and the City of Russell.
The responsibilities of the Kansas Water Office pursuant to the Agreement are to routinely monitor
streamflow at the active USGS [United States Geological Survey] gages. Additionally, upon a
release trigger being met, if there is water in the artificial recharge pool, the Kansas Water Office is
to contact parties to determine if a release from the artificial storage is needed. If a release is
needed, the Kansas Water Office is to contact the United States Bureau of Reclamation to request
a release and to notify all parties. However, if water is not available, the Kansas Water Office is to
notify the City of Russell and the City of Hays. The Agreement does not specify any outlay of funds
by the Kansas Water Office in fulfilling its responsibilities under the Agreement.
The proviso at issue, found at L. 2004, ch. 123, § 134(i), states:
During the fiscal year ending June 30, 2005, no expenditures shall be made by the
Kansas water office from any moneys appropriated by this or other appropriation act of
the 2004 regular session from the state general fund or any special revenue fund for
fiscal year 2005 for the release of any water in Cedar Bluff reservoir under the control of
the state of Kansas for any environmental, domestic, municipal, industrial or irrigation
purposes, except that expenditures may be made by the Kansas water office for the
release of such waters from the joint use pool (1) for the purpose of the operations of
facilities of the department of wildlife and parks below the dam of the Cedar Bluff
reservoir, and (2) to operate Cedar Bluff reservoir in accordance with the Cedar Bluff
reservoir operation agreement.](ViewImageLocal?handle=hein.sag/sagks0004&div=1&collection=&method=preview&ext=.png&size=3)